FDA considers several factors to determine the status of a substance as a dietary supplement or a drink. The list includes labeling and advertising, product name, product packaging, serving size and recommended daily intake, directions for use, marketing practices and composition. For each of these areas, the guidance provides examples.

FDA appears to consider use of the term “refresh” or “rehydrate” as indicating a beverage. Such terms are said to represent the product for use as a beverage offering taste, refreshment, and thirst-quenching ability. Also classified as beverages, are products that use conventional food names such as “beverage,” “drink,” “water,” or “soda”. Beverages are regulated under conventional food law rather than dietary supplement requirements.